X.
THE CONSTITUTIONAL WAY

If, in the opinion of the people, distribution or modification of the constitutional powers be in any particular wrong, let it be corrected by an amendment in the way which the Constitution designates. But let there be no change by usurpation; for though this, in one instance, may be the instrument of good, it is the customary weapon by which free governments are destroyed. The precedent must always greatly overbalance in permanent evil any partial or transient benefit which the use can at any time yield.

— George Washington

THE strongest weapons used against the President's Supreme Court measure are the joint resolutions proposing constitutional amendments. By this method leaders in the Senate have clearly shown that the President could accomplish everything he seeks by the simple device of consulting the people—providing the people consent. Such emphasis upon the amending process naturally arouses embarrassing questions as to why it was not proposed.

A number of legislators have accepted at face value the President's thesis that the Supreme Court should be reformed. Because of the vital function which the Court performs, however, they insist that the reform should be brought about by changing the Constitution. If the President wants "new

-88-

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The Supreme Court Crisis
Table of contents

Table of contents

  • About the Editor *
  • The Supreme Court Crisis *
  • Foreword v
  • Contents *
  • I. the President's Dilemma 1
  • Ii. a Case Built on Sand 1o
  • Iii. Mr. Justice Roosevelt 22
  • Iv. the Balance Wheel of Democracy 29
  • V. is the Hughes Court Packed? 4o
  • Vi. the Verdict of History 54
  • Vii. the Real Mandate from the People 63
  • Viii. More Honored in the Breach 75
  • Ix. What is the Crisis? 81
  • X. the Constitutional Way 88
  • Xi. Conclusions 102
  • Bibliography 1o7
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